I have been working in the factory for more than ten years, I have no insurance, no labor contract,

Updated on society 2024-02-21
7 answers
  1. Anonymous users2024-02-06

    1. If the employer fails to declare social security in accordance with the law, the employee may apply for work-related injury appraisal within one year after the employee is injured, and if the appraisal is a work-related injury, the employer shall compensate according to the work-related injury treatment in accordance with the law;

    2. Workers should pay attention to collecting relevant evidence to prove the existence of de facto labor relations, such as wage slips, work permits, work clothes, and testimonies of other workers;

    3. It is illegal for an employer not to sign a labor contract after one month of employment, and the employee who has worked for more than 10 years and meets the conditions for signing an indefinite labor contract can require the employer to pay double wages for up to 11 months.

    According to the Regulations on Work-related Injury Insurance

    Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

    If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

    Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

    If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

    Article 62 Where an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed.

    If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

    After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

    In accordance with the Labor Contract Law

    Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

    If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

  2. Anonymous users2024-02-05

    Apply for a work-related injury determination by yourself! No social security, no labor contract, application for arbitration, double salary...

  3. Anonymous users2024-02-04

    Summary. Kiss <>

    We'll be happy to answer your questions<>

    In the case of a finger fracture injury in an anonymous processing plant, the worker has not signed a labor contract with the boss, has no brand, and has no salary, when a work-related injury occurs, the worker needs to provide the following materials to the labor bureau to arbitrate the labor relationship: 1. Labor contract, proof of participation, go to the social security bureau for inquiry, and go to the social security bureau to print. 2. Whether the hospitalization registration card, the first page of the medical record, the admission record, and the surgical consent form have the name of the unit or the signature of the boss.

    3. Witness testimony of workers. It is necessary to provide a copy of the witness's ID card, and to testify in court during the lawsuit and to prove that the witness has an employment relationship with the employer. 4. Audio and video recordings, **.

    Preferably, the recording should be a recording of the negotiation between the employee and the legal representative or principal responsible person of the employer. It is best to take photos and videos of the employee commuting to and from the employer during working hours. 5. Accident insurance claim list, many companies buy accident insurance for workers, after the work-related injury, the company to the insurance company to reimburse the medical expenses, print the claim list, the claim list has the name of the company.

    A broken finger occurred in an anonymous processing plant, and the worker did not sign a labor contract with the boss, had no brand, and had no wages.

    Kiss <>

    We'll be happy to answer your questions<>

    When a work-related injury occurs, the worker needs to provide the following materials to the Labor Bureau to arbitrate the labor relationship to confirm the labor relationship: 1. Labor contract and proof of participation, go to the Social Security Bureau for inquiry and print at the Social Security Bureau. 2. Whether the hospitalization registration card, the first page of the medical record, the admission record, and the surgical consent form have the name of the unit or the signature of the boss.

    3. Witness testimony of workers. It is necessary to provide a copy of the witness's ID card, and to testify in court during the lawsuit and to prove that the witness has an employment relationship with the employer. 4. Audio and video recordings, **.

    Preferably, the recording should be a recording of the negotiation between the employee and the legal representative or principal responsible person of the employer. It is best to take photos and videos of the employee commuting to and from the employer during working hours. 5. Accident insurance claim list, many companies buy accident insurance for workers, after the work-related injury, the company to the insurance company to reimburse the medical expenses, print the claim list, the claim list has the company's name of the envy and oh.

    Kiss [Kai Zheng Hail Heart], work injury is the abbreviation of work injury, and it is also known as occupational injury, which refers to the sudden accidental injury of body tissues caused by external factors in the process of production and labor, such as ** and its acute chemical poisoning caused by occupational accidents. The Convention adopted by the International Labour Conference defines "work-related injury" as an accident directly or indirectly caused by work.

  4. Anonymous users2024-02-03

    1.First of all, to report the work-related injury determination to the work-related injury department of the social security bureau of the jurisdiction, please provide the following information:

    1) Application form for determination of work-related injury;

    2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

    3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

    The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

    4) Instructions for filling in the application form for work-related injury determination:

    1. Fill in with a pen or signature pen, and the font is neat and clear.

    2. If the applicant is an employer, the official seal of the employer shall be affixed to the applicant on the first page.

    3. Fill in the specific part of the injured part in the column of the injured part.

    4. In the column of diagnosis time, for occupational diseases, fill in according to the time of diagnosis of occupational diseases; If you are injured or killed, fill in the information according to the time of initial consultation.

    5. A brief description of the injury should indicate the time and place of the accident, the work performed at that time, the cause of the injury, and the location and extent of the injury. Patients with occupational diseases should write down what kind of hazardous work they are engaged in in in which unit, the start and end time, and the diagnosis result.

    6. When the applicant applies for recognition of work-related injury, he or she shall submit the resident ID card of the injured employee; Certificate of initial diagnosis and diagnosis issued by a medical institution at the time of injury of an employee, or a certificate of diagnosis of occupational disease (or diagnosis and appraisal of occupational disease) issued by a medical institution that undertakes the diagnosis of occupational disease in accordance with the law; Proof of the existence of a labor or employment contract or other labor or personnel relationship between the employee and the employer at the time of injury or diagnosis of occupational disease.

    2.Please go to the legal aid center of the local judicial bureau to apply for legal aid, and they will fight for you free of charge.

    3. Your injury can be identified as a grade 10 disability according to the "Work-related Injury Appraisal Standards".

    4.According to China's "Work-related Injury Compensation Standards", the following compensation can be obtained for grade 10 work-related injuries:

    Medical expenses shall be paid according to the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the standard of work-related injury insurance hospitalization services. The food subsidy during the hospitalization period shall be stipulated by the people in the overall area. The wages and benefits of the medical treatment period for work-related injuries remain unchanged and do not exceed 24 months.

    5.A one-time disability allowance, grade 10 disability is 7 months' salary for the blind.

    6.After terminating the labor contract, you can get a one-time work-related injury medical grinding subsidy for one month's salary, and a one-time work-related injury employment subsidy for four months' salary. (Attention!) The wages referred to here are the average wages of employees in the previous year in the locality).

    Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

  5. Anonymous users2024-02-02

    When I was injured at work in a factory, I lost two fingers, and the boss did not buy social security and insurance for the workers. How much does the worker have to pay?

    My <> is happy to answer for you: if you buy work-related injury insurance, there is insurance compensation, if you do not buy work-related injury insurance, you will be compensated by the employer Daxiang unit. If the employer does not provide compensation, it may apply for labor arbitration.

    Legal basis: Article 37 of the work-related injury article If an employee is disabled due to work-related disability and is identified as a disability of grade 7 to 10, he shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance ** according to the level of disability, and the standard is:

    13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability (2) If the labor or employment contract is terminated upon expiration, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time employment subsidy for disability. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

  6. Anonymous users2024-02-01

    1. The factory has not signed a labor contract Can I claim compensation for my finger injury now? Yes, as long as an employment relationship is established, even if a labor contract has not been signed, it can still be recognized as a work-related injury. Failure to sign a labor contract is a serious violation of the provisions of the "Labor Contract Law," and it is also wrong not to give "work-related injury benefits" to those injured at work.

    You can assert your rights and interests through arbitration and litigation. Labor dispute cases must go through the pre-procedure of labor dispute arbitration. The statute of limitations for applying for labor dispute arbitration is one year, that is, the parties concerned shall file an application within one year from the date on which they know or should know that their rights have been infringed.

    After the parties submit the application, the arbitration commission will make an arbitral award within 60 days. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the court within 15 days of receiving the award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the court for compulsory enforcement.

    2. What materials are required to apply for work-related injury determination? 1) Application form for determination of work-related injury; 2) The identity certificate of the employee himself; (3) Proof of the existence of a labor relationship with the enterprise; (4) Certificate of initial medical diagnosis or certificate of diagnosis of occupational disease (or certificate of diagnosis and appraisal of occupational disease); If the employee himself is unable to apply and his or her immediate family members or trade union organizations submit an application for work-related injury determination, the applicant's identity certificate and proof of the relationship between the applicant and the employee shall be submitted at the same time. In any of the following circumstances, if an application for determination of work-related injury is submitted, the evidence issued by the relevant department shall also be submitted at the same time:

    1) If it is a traffic accident, submit the proof of the conclusion of the accident responsibility determined by the public security traffic police management department; (2) Where engaging in activities to safeguard the interests of the state, society, or the public, such as emergency rescue, rescue of chaos and dust disasters, or rescuing people, a certificate issued by the civil affairs and public security departments shall be submitted; (3) If a serviceman who has been disabled in the line of duty or because of war is demobilized and transferred to work in an enterprise, he or she shall submit a disability certificate and a diagnosis certificate of the old injury from a designated hospital; (4) Where they are missing while away on business, a certificate of death declared by the people's court shall be submitted; (5) Where personal injury is caused as a result of performing duties, a certificate issued by the public security organ or people's court is to be submitted; (6) Other supporting materials to be submitted under special circumstances. If the materials provided by the applicant are incomplete, the labor and social security administrative department shall inform the applicant in writing of all the application materials that need to be supplemented and corrected at one time. The reason why many large factories do not sign labor contracts is that in the event of a work-related accident, the existence of the labor relationship can be immediately shirked.

    However, it is not only a written certificate of the labor contract that proves the labor relationship, but also if the employee with the injured finger can prove the de facto labor relationship with the factory, and the finger injury is indeed a work-related injury after applying for a work-related injury determination, and he can receive compensation.

  7. Anonymous users2024-01-31

    1. It is recommended that the worker urge the employer to submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury, and if the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the employee himself can also directly submit an application for work-related injury recognition to the social insurance administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury;

    2. The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.

    3. After the identification, the employer, the injured employee or his close relatives shall submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts, and provide the relevant information of the work-related injury determination decision and the employee's work-related injury medical treatment;

    4. After the work-related injury is identified, the employee can apply for the labor ability appraisal at the end of the work-related injury appraisal, and then enjoy the work-related injury treatment stipulated in the "Work-related Injury Insurance Regulations" according to the appraisal conclusion;

    5. If the time for the identification of work-related injuries is missed, it is difficult to protect the rights and interests.

    6. If the unit refuses to compensate, it is recommended to apply for labor arbitration to protect its rights.

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